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Code of Conduct

Final – 14 February 2018

GPO Box 4191, Sydney NSW 2001

Phone: (02) 9321 3333

Email: [email protected]

mailto:[email protected]


CODE OF CONDUCT

Introduction ..................................................................................................................... 4

1. General ........................................................................................................................ 5

Scope ....................................................................................................................................... 5

Code of Conduct and Ethical Framework ................................................................................... 5

Risk management ..................................................................................................................... 6

Responsibilities ........................................................................................................................ 6

Breaches of the Code of Conduct .............................................................................................. 7

2. Respect for the Law and system of Government ............................................................ 7

Compliance with the law, government policies and lawful direction .......................................... 7

Responsibility to the government of the day ............................................................................. 8

Provide timely, accurate and impartial advice ........................................................................... 8

Participation in political activities ............................................................................................. 8

Public Comment ....................................................................................................................... 8

Confidentiality of information .................................................................................................. 9

Media inquiries ...................................................................................................................... 10

Security of information ........................................................................................................... 10

Records management ............................................................................................................. 10

3. Respect for all people.................................................................................................. 11

Professional and appropriate behaviour ................................................................................. 11

Inappropriate conduct ............................................................................................................ 11

Discrimination ........................................................................................................................ 11

Bullying and harassment ........................................................................................................ 12

Respect for people and property ............................................................................................ 12

Fairness and equity ................................................................................................................ 12

Personal Information.............................................................................................................. 12

Safety and Security ................................................................................................................. 13

4. Act with honesty and integrity .................................................................................... 13

Guide to ethical decision making ............................................................................................ 13

Conflict of interest.................................................................................................................. 13

Responsibility of employees with respect to conflict of interest ............................................... 14


Gifts, benefits and the risk of compromise .............................................................................. 14

Participation as a volunteer .................................................................................................... 15

Private and secondary employment ........................................................................................ 15

Resolution of conflicts of interest ........................................................................................... 15

Leaving PCO ........................................................................................................................... 16

Additional responsibilities for executives on leaving the public sector ..................................... 16

Signatures and personal references ........................................................................................ 16

Drugs, alcohol and tobacco ..................................................................................................... 17

Reporting suspected wrongdoing ............................................................................................ 17

5. Use of official resources with economy and efficiency .................................................. 18

General principle .................................................................................................................... 18

Private use ............................................................................................................................. 18

Communication devices .......................................................................................................... 19

Intellectual property .............................................................................................................. 19

Expenditure ........................................................................................................................... 19

6. Ethical decision making guide ..................................................................................... 20

Appendix A – Reference material .................................................................................... 21

Appendix B – Template for Declaration by Senior Executives ........................................... 23


Introduction

The Parliamentary Counsel’s Office (PCO) is the legislative drafting office for New South Wales. It has

an obligation to maintain the highest standards of professionalism and confidentiality in providing

drafting, publishing and advisory services for its clients and in dealing with the Government,

Opposition and other Members of Parliament. It is essential that PCO staff demonstrate to the

Government and people of NSW a standard of conduct and ethics in the performance of their duties

that maintains confidence and trust.

The purpose of the Code of Conduct is to define the requirements and the expected standards of

behaviour of people in their employment at PCO and to provide guidance to employees concerning

the specific action they should take when confronted with ethical issues in the course of performing

their roles. In the case of staff who are admitted as barristers or solicitors, there are additional

professional and ethical rules and standards that also apply.

This Code should be read in conjunction with relevant legislation, Government policies and

directions and PCO policies (see Appendix A). PCO’s policies are published on Gulbarra (PCO’s in-

house wiki). It should also be read in conjunction with the NSW Public Service Commission’s The

Code of Ethics and Conduct for NSW government sector employees.

https://www.psc.nsw.gov.au/employmentportal/ethics-conduct/behaving-ethically/behaving-ethically-guide/section-2/the-code-of-ethics-and-conduct-for-nsw-government-sector-employees



1. General

Scope

1.1 This Code of Conduct applies to every individual employed, appointed or otherwise attached

to PCO including ongoing, temporary and contracting staff.

The necessity to act impartially and to maintain confidence is of critical importance at PCO.

The Code places special emphasis on the need for professional impartiality and

confidentiality by staff who are employed by PCO.

1.2 This Code of Conduct establishes standards of behaviour expected of employees and

provides guidelines on solving ethical issues that may arise in the course of work duties. The

principles underlying the Code are:

1. Respect for the law and system of government.

2. Respect for all people.

3. Act with honesty and integrity.

4. Use of official resources with economy and efficiency.

More detailed information about each principle is provided in this Code and is intended to

assist employees in individual decision making. In all circumstances, employees should have

regard to the principles that form the basis of this Code.

Code of Conduct and Ethical Framework

1.3 The Code aligns with the Ethical Framework for the Government Sector (established by Part 2 of the Government Sector Employment Act 2013), which is based around four core values – integrity, trust, service and accountability. The values are underpinned by eighteen principles which are based on individual behaviour shown below.

Value Guiding principle

Integrity

Consider people equally without prejudice or favour. Act professionally with honesty, consistency and impartiality. Take responsibility for situations, showing leadership and courage. Place the public interest over personal interest.

Trust

Appreciate difference and welcome learning from others. Build relationships based on mutual respect. Uphold the law, institutions of government and democratic principles. Communicate intentions clearly and invite teamwork and collaboration. Provide apolitical and non-partisan advice.

Service

Provide services fairly with a focus on customer needs. Be flexible, innovative and reliable in service delivery. Engage with the not-for-profit and business sectors to develop and implement service solutions.


Focus on quality while maximising service delivery.

Accountability

Recruit and promote staff on merit. Take responsibility for decisions and actions. Provide transparency to enable public scrutiny. Observe standards for safety. Be fiscally responsible and focus on efficient, effective and prudent use of resources.

1.4

The Ethical Framework is incorporated in The Code of Ethics and Conduct for NSW

government sector employees released by the NSW Public Service Commission on 20 April

2015. All government sector employees are required to comply with this Code.

1.5 PCO’s Code of Conduct supplements this Code by providing requirements and advice

specific to PCO’s environment, business and risks.

Risk management

1.6 In addition to general issues of ethical behaviour, the Code aims to reduce the risk of staff

acting inappropriately when dealing with colleagues or members of the public by

communicating the requirements for:

• ethical decision making,

• conflicts of interest,

• acceptance of gifts and benefits,

• information protection and public comment,

• participation in external organisations and private employment,

• use of official resources,

• reporting suspected wrongdoing,

• drugs, alcohol and tobacco use,

• discrimination and harassment,

• work health and safety.

Responsibilities

1.7 Employee responsibilities

• understanding the terms of the Code of Conduct,

• abiding by the Code of Conduct’s guidelines on ethical and professional behaviour,

• reporting any incidents when the Code of Conduct is, or is perceived to be, breached,

• consulting management when unsure of what behaviour or action is expected in a workplace or personal situation that compromises ethical behaviour,

• understanding legislation and the policies and procedures of PCO that support

professional and ethical behaviour.

1.8 Executive and Supervisor responsibilities

• ensuring employees are aware of the Code of Conduct and they understand its content and requirements,

• advising staff on what is PCO’s expectations on appropriate and ethical behaviour,

• investigating incidents when the Code of Conduct may be breached or the




behaviour of employees may be in question,

• demonstrating ethical, fair and professional behaviour,

• Senior Executives providing a written declaration of any private, financial,

business, personal or other interests or relationships in accordance with The Code

of Ethics and Conduct for NSW government sector employees.

1.9 The Parliamentary Counsel’s responsibilities

• approving the content of the Code of Conduct,

• supporting the content of the Code of Conduct and being a model for the principles upon which it is based.

1.10 All staff must also comply with the Mandatory Conduct section of The Code of Ethics and Conduct for NSW government sector employees issued by the Public Service Commission.

Breaches of the Code of Conduct

1.11 A breach of the Code may lead to performance management or disciplinary action. Such

action could range from counselling to dismissal. The decision to take such action will

involve the consideration of a number of relevant matters, including protecting the

integrity of the NSW public sector, maintaining public confidence and trust and the

seriousness of the misconduct.

2. Respect for the Law and system of Government

Compliance with the law, government policies and lawful direction

2.1 Employees must comply with any relevant legislative, industrial and administrative

requirements and any lawful direction made by a person with the authority to give such a

direction.

2.2 Employees also need to comply with public sector policies as advised through circulars,

memoranda and Treasurer’s Directions.

2.3 To comply with relevant laws and policies, employees are obliged to know and

understand the law applicable to the performance of their duties. To facilitate

compliance, executives and supervisors should ensure that:

• all employees are kept fully informed about the key legal requirements relevant

to their work,

• employees are made aware of the potential repercussions of non-compliance

with legal requirements that apply to them,

• appropriate record-keeping systems and practices that capture evidence of

compliance and non-compliance are in place. These should be in accordance with

the State Records Act 1998.

2.4 Employees also need to keep up to date with advances and changes in their area of

expertise, which may include changes to relevant laws.






Responsibility to the government of the day

2.5 Employees are to implement the policies and decisions of the government of the day in an

impartial manner and are to participate in the development and implementation of

initiatives that flow from those policies.

Provide timely, accurate and impartial advice

2.6 Employees are expected to provide advice in a timely and impartial manner. Such advice

must be honest, frank, accurate and without material omission, and any limitations on the

advice must be made clear. Advice should be developed with an understanding of its

implications, anticipate issues and recognise the broader policy directions set by the

government. Employees must not withhold relevant information from the government.

2.7 Before providing advice employees should, where possible, make adequate inquiries to

obtain all relevant information. If any false or misleading information has been provided it

must be rectified as quickly as possible.

2.8 Employees should also refer to the following pages on Gulbarra:

• the Legislation Information Service section on the page Provision of information to

Members of Parliament, the media and the general public,

• Advice services.

Participation in political activities

2.9 Employees have a right to participate in political activities provided any conflict of interest

that arises is adequately recognised and managed.

2.10 Employees must ensure that any participation in political matters does not conflict with

their primary duty as a public employee to serve the government of the day and other

clients of the Office in a politically neutral manner. This is important in maintaining the

confidence of the government, Members of Parliament and the public in the impartiality of

the actions taken and advice given, and the integrity and effectiveness of the work

performed by PCO employees.

2.11 If an employee becomes aware that a potential conflict, whether real or apparent, has

arisen or might arise, the Parliamentary Counsel must be informed immediately. If a

conflict of interest does arise, the employee involved may have to stop the political activity

or enter into an appropriate arrangement with PCO if such an arrangement is feasible. This

may involve withdrawing from areas of work giving rise to the conflict of interest.

Public Comment

2.12 In the course of their official duties some employees may be called on to make public

comment.

2.13 “Public comment” encompasses public speaking engagements, comments to radio,

television, or print reporters, appearance before parliamentary committees and posts on

the internet. It includes letters to newspapers, comments in books, journals or notices,

comments made or broadcasted electronically including social media sites, or in any other

circumstances where it could be expected that the comments will be spread to the

community at large.


2.14 While public servants, as members of the community, have the right to make public

comment and to enter into public debate on political and social issues, there are some

circumstances in which public comment is inappropriate. These circumstances include:

• where the implication can reasonably be drawn that the public comment, although

made in a private capacity, is in some way an official comment of the Government

or PCO,

• where public comment, even though unrelated to an employee’s normal duties,

amounts to criticism sufficiently strong or persistent to give the impression that the

employee is not prepared to implement or administer the policies of the

Government of the day,

• where public comment relates to development of a new legislative proposal or

review of an existing legislative proposal that is being considered by PCO.

2.15 A paper should not be presented or published or speaking engagements should not be

undertaken with respect to any area of work of PCO unless the Parliamentary Counsel has

been notified. It is immaterial if the person concerned purports to act in a private

capacity.

Confidentiality of information

2.16 Much of the work of PCO involves access to, and drafting and publishing of, confidential or

sensitive documents.

2.17 Employees must maintain the confidentiality of all official information and documents that

are not published or normally made available to the public. Employees must take care in

maintaining the integrity and security of official documents and information for which they

are responsible. This information can only be used in the legitimate exercise of PCO’s

functions.

2.18 Within their area of responsibility, employees should be aware of the information

published by PCO or normally made available to members of the public on request.

Employees may provide such information on request but, if unsure, must refer the request

to their supervisor.

2.19 Employees may only disclose information not normally provided to the public:

• if it is required as part of their duties,

• if proper authority has been given to them to do so,

• when required, or authorised, to do so by law, or

• when called to give evidence in court or to a parliamentary committee.

2.20 Employees must maintain complete confidentiality regarding the legislative drafting work

of PCO, unless the Parliamentary Counsel has indicated that particular information is of

such a nature as may be disclosed.

2.21 Employees must not disclose any information provided by one client to another client or to

any other person (except as required for PCO purposes) without the permission of the

client providing the information or unless it has become public information.

2.22 Employees must not disclose whether a particular legislative project is or is not being dealt

with by the Office without the permission of the client or potential client, or unless it has

become public information.

2.23 Employees must not make private use of official information. Misuse of official information,


whether or not for monetary gain, may be corrupt conduct and subject to disciplinary

action. Approval may be given for employees to make use of official documents in defence

of defamation and associated legal actions.

2.24 Employees should also refer to the Legislation Information Service section on the page

Provision of information to Members of Parliament, the media and the general public on

Gulbarra.

Media inquiries

2.25 Media inquiries regarding legislation or proposed legislation must be referred to the

Department or agency sponsoring it.

2.26 Employees should also refer to the Legislation Information Service section on the page Provision of information to Members of Parliament, the media and the general public on Gulbarra. It provides for direct responses to be given to simple media inquiries for information but the response must be confined to the facts and avoid any discussion of government policy or personal comment.

2.27 Information must not be given to the media or the public as to whether or not a particular

legislative proposal is being considered in PCO. Such information is a matter for the

sponsoring Department or agency to deal with. If in doubt, the Parliamentary Counsel must

be consulted immediately.

Security of information

2.28 Employees are to ensure that any information in any form (eg printed or electronic) cannot

be accessed by unauthorised persons and that sensitive information is only discussed with

persons (inside or outside of PCO) who are authorised to have access to it.

2.29 Employees must ensure that the general office area and their individual work area are

secure so that confidential material (such as Cabinet Minutes, drafting instructions, draft

Bills and data on the computer system) is given appropriate protection from unauthorised

access.

2.30 Employees are not to access information unless it is immediately relevant to the work they

are performing.

2.31 Senior management is responsible for ensuring that PCO premises are secure and that

suitable arrangements are in place to maintain security of confidential and sensitive

documents.

2.32 Confidential information or material is hand delivered to other Government offices or Parliament when required and must be handled securely.

Records management

2.33 Employees need to be aware of and comply with the State Records Act 1998 and any

records management guidance provided by management.

2.34 All employees have a responsibility to create and maintain full and accurate records of their

activities, decisions and other business transactions, to capture records into LEGIS and

other official records systems, and not to destroy records without appropriate authority.

2.35 Supervisors have a responsibility to ensure that employees reporting to them comply with their records management obligations.


3. Respect for all people

Professional and appropriate behaviour

3.1 PCO acknowledges and welcomes the fact that many employees, as well as being public

officials subject to this Code, are professionals who exercise best technical and professional

judgment and adhere to the ethical codes of their profession. In particular, it is noted that

all drafters, as government lawyers, are required to have a practising certificate and are

required to comply with the respective barristers’ or solicitors’ conduct rules.

These rules apply, although it is noted that some of them are expressly excluded from

applying to government lawyers. Should any conflict arise between this Code and such a

professional standard, the matter should be referred to the Parliamentary Counsel for

resolution.

3.2 Effectiveness in their duties, sound judgement and quality of service are the standards

required of employees. Similarly, supervisors should seek to, and are required to, develop

their capabilities and those of the employees they supervise.

3.3 Supervisors should assist in implementing this Code by helping to foster the

professionalism of all employees within an atmosphere conducive to the promotion of

integrity, appropriate behaviour and mutual respect in the workplace.

3.4 It is also acknowledged that employees require effective systems and procedures to

maximise their work performance. Employees are encouraged to take responsibility for

systems improvement and for acting on suggestions for improvements they receive or

develop.

3.5 Employees should also keep up to date with advances and changes in their area of

responsibility, and seek ways of improving their performance. Supervisors should ensure

that their employees have access to appropriate training in relation to technological and

workplace changes.

3.6 Employees should be aware that unlawful or unprofessional conduct, even in a private

capacity, may require disciplinary action by PCO.

Inappropriate conduct

3.7 Inappropriate conduct includes harassment, discrimination, bullying, vilification,

victimisation, and causing, instructing, inducing, aiding or permitting any such conduct.

Inappropriate conduct may be physical, verbal or non-verbal, for example, jokes, gestures,

stalking or use of material to convey offensive information.

Discrimination

3.8 Employees must not discriminate against a person because of race, ethnic or national

origin, sex, age, marital status, pregnancy, disability, transgender grounds, sexual

preference, political or religious beliefs or responsibilities as a carer. Such discrimination

may be unlawful.


Bullying and harassment

3.9 Employees must not bully or harass anyone. Bullying and harassment are behaviours that

are repeated, unwelcome and unsolicited and considered offensive, intimidating,

humiliating or threatening by the recipient or others who are witness to or affected by it.

3.10 Bullying behaviour may be directed upwards or downwards and towards co-workers. The

following could be considered bullying, where repeated or occurring as part of a pattern of

behaviour:

• being subjected to constant ridicule and being put down in front of colleagues,

• being the victim of loud and abusive, threatening or derogatory language,

• receiving offensive messages by email or telephone, including text messages, or

through posts on the internet

• being subjected to practical jokes.

It should be noted that feedback from a supervisor about poor performance does not

constitute bullying, provided it is given in an appropriate and professional manner.

Respect for people and property

3.11 Employees are to treat members of the public and their colleagues with respect, fairness

and consistency. Employees are to be courteous and sensitive to the needs of others and

provide all necessary and appropriate assistance.

3.12 Consultative decision making processes should be used where appropriate. Decisions are to

be made and conveyed promptly to those with a right to know. Information provided

should be accurate, current and complete, and made as clear as possible to the intended

audience.

3.13 Employees, irrespective of status or position, are to conduct themselves in a manner that

will promote co-operation and collaborative and harmonious relations among colleagues.

3.14 Employees should exercise care in their use of PCO’s property.

Fairness and equity

3.15 Decisions involving individuals should be made on the basis of factual information. These

decisions should be made in accordance with established procedures, fairly (that is, without

bias based on personal or other grounds), with honesty and integrity, objectively and in

conformity with the principles of procedural fairness (including the right to be heard and

the right to an impartial decision). The principle of procedural fairness is also known as

natural justice.

3.16 When dealing with other employees or members of the public, employees are to provide

sufficient information and identification to enable follow up action.

Personal Information

3.17 Employees need to be aware of and comply with the Privacy and Personal Information

Protection Act 1998. Particular care must be taken with the collection, storage, use and

disclosure of personal information in order to protect individuals’ privacy. In general,


employees must not use or disclose personal information for a purpose other than that for

which it was collected, unless consent for other uses or disclosure is obtained from the

person to whom the information relates.

3.18 Personal information about individuals collected or held by employees of PCO must be held

securely to avoid loss, unauthorised access, use, modification or disclosure and all other

misuse.

3.19 The Privacy and Personal Information Protection Act 1998 contains criminal sanctions for

the unauthorised use and disclosure of personal information by employees.

Safety and Security

3.20 Employees are expected to understand their responsibilities and obligations under work

health and safety legislation. Employees should be proactive in ensuring that the workplace

is safe and secure for everyone, including identifying, assessing and reporting safety risks

and hazards.

3.21 Employees have an obligation to keep their workplace secure by being aware of and

complying with PCO’s security procedures for the floor and building.

4. Act with honesty and integrity

Guide to ethical decision making

4.1 Employees should act in a manner which promotes confidence in the integrity of public

administration.

4.2 Employees need to recognise the professional and ethical dimensions of their work and

give proper attention to the values that should guide their decisions and actions.

4.3 When faced with a difficult question, employees should consult with their supervisor to

resolve the matter. Issues for consideration when faced with an ethical dilemma are

included in the Ethical Decision Making guide at the end of this Code. Legal officers may

also refer to Drafting Circular 2013–01 Ethics for legislative drafting officers.

4.4 Good practice guides for ethical decision making and encouraging ethical behaviour are

provided in the Good practice guides section of The Code of Ethics and Conduct for NSW

government sector employees issued by the Public Service Commission.

Conflict of interest

4.5 To ensure that the work of PCO is impartial and is seen to be so, employees must ensure

that no opportunity exists for personal interests, associations and activities to conflict with

the proper exercise of their duties.

4.6 Real or perceived conflicts of interest exist when it is likely that an employee could be

influenced or could be perceived to be influenced by a personal interest when performing

their official duties. Conflicts of interest may lead to improper decision making, which may

constitute corrupt conduct.

4.7 Senior Executives must provide a written declaration of any private, financial, business, personal or other interests or relationships in accordance with The Code of Ethics and





Conduct for NSW government sector employees. A PCO template (see Annexure B) is provided for the declaration and is based on the template provided at Section 4.4 of the Code.

4.8 Some situations that may give rise to a conflict of interest affecting performance of official

duties include:

• financial interests (of the employee, a friend or relative) that could influence the

impartiality of the performance of duties,

• personal beliefs or attitudes not relevant to the situation that influence the

impartiality of the advice given,

• party political activities or membership of politically active groups if such

membership impacts on official duties,

• personal relationships with other employees, applicants for positions or business

customers,

• representational duties where an employee who is representing the interests of

PCO is also asked to represent the interests of a community group,

• a decision or approval of expenditure that will benefit the decision maker, a friend,

a relative or an organisation with which the decision maker identifies.

4.9 An employee must not create a conflict of interest for another person. For example, if a

person with a conflict of interest passes the decision making process to a subordinate, then

a conflict of interest may be created for the subordinate (ie it is possible that the

subordinate may try to please the supervisor rather than make a fair decision).

Responsibility of employees with respect to conflict of interest

4.10 In many cases only the individual concerned will be aware of the potential for conflict. Any

employee who is unsure about whether a situation poses a conflict of interest should

discuss the matter with the Director, Governance and Operations or the Parliamentary

Counsel.

4.11 The onus is on the employee to disclose to the Director, Governance and Operations or the

Parliamentary Counsel if a potential, actual or reasonably perceived conflict of interest

arises. Any such disclosure should be made at the first available opportunity.

4.12 Employees should also refer to the Gulbarra page Ethical conduct for PCO. It includes a

NSW Ombudsman Fact Sheet concerning conflict of interests.

Gifts, benefits and the risk of compromise

4.13 The receipt of gifts and benefits can compromise employees in that they may be perceived

to be unable to make unbiased decisions in the future with respect to the person or

organisation that was the source of the gift or benefit.

4.14 Gifts and benefits are “any item, service, prize, hospitality or travel, provided by a customer, client, applicant, supplier, potential supplier or external organisation, which has an intrinsic value and/ or a value to the recipient, a member of their family, relation, friend or associate”.

4.15 Employees must not solicit or accept for themselves or for another individual, a gift or

benefit that is intended to, or is likely to, or could be perceived to cause them to be biased

in the course of their duties.



4.16 Any offer or receipt of a substantial gift or benefit to an employee or their partner,

dependents or other persons with whom they are closely associated must be reported to

the Director, Governance and Operations by email. Records of gifts or benefits are kept in

PCO’s electronic Gift Register maintained by the Director, Governance and Operations. The

Director will consult with the Parliamentary Counsel in relation to gifts (other than token

gifts valued at less than $25). The recipient is advised of the decision in relation to the gift

4.17 Token gifts or benefits may reasonably be accepted provided that there is no possibility

that the recipient might be, or might appear to be, compromised in the process. Examples

of token gifts are chocolates, diaries, or modest refreshments offered at a work meeting or

conference and generally valued at less than $25.

4.18 Staff dealing with commercial suppliers must be particularly careful not to accept gifts that

may compromise their ability to apply public sector procurement policies. If there is any

doubt, the Parliamentary Counsel should be consulted.

4.19 Any attempt to bribe an employee or the acceptance of a bribe is an act of corrupt conduct

and must be immediately reported. In certain circumstances it might also constitute a

criminal offence.

Participation as a volunteer

4.20 Within the context of this code, employees are free to fully participate as volunteers in

community organisations, charities and in professional or industrial associations.

Private and secondary employment

4.21 Employees must obtain the Parliamentary Counsel’s approval to engage in any form of paid

work outside PCO duties. This requirement also applies to new employees who, on joining

PCO, have outside employment they wish to continue.

4.22 In all cases when outside employment is considered, employees should give PCO first

consideration and avoid situations that may give rise to, or the appearance of, a conflict of

interest.

4.23 Any approved outside employment must be performed wholly in the employee’s own time and have no adverse impact on the performance of official duties.

4.24 Casual employees, contractors and part-time employees are not required to gain approval for outside employment provided that the work is undertaken during the period that the person is not required to perform duties for PCO, and provided that those duties are not adversely affected and no conflict of interest arises. Any real or potential conflict should be discussed with the Director, Governance and Operations.

Resolution of conflicts of interest

4.25 The Director, Governance and Operations will refer all notified potential, actual or

reasonably perceived conflicts of interest to the Parliamentary Counsel for resolution.

4.26 There are several options available to the Parliamentary Counsel for dealing with a

disclosure of a conflict of interest. Depending on the nature of the conflict, the

Parliamentary Counsel might record the disclosure and take no further action, reallocate

work to another staff member, provide closer supervision for that particular task or, in


serious cases, instigate disciplinary action.

Leaving PCO

4.27 When leaving employment with PCO, an employee must return all official property in their

possession, including access cards for the building, as well as any documents or items that

relate to the work of PCO and are not otherwise publicly available.

4.28 On an employee’s last day of duty the employee will be required to have complied with the

items on GovConnect’s Employee Exit Checklist, which includes returning government

property.

4.29 Employees must not use their position to unfairly improve their prospects of future

employment. They should not allow their work to be improperly influenced by plans for, or

an offer of, employment outside PCO. If they do, there is a conflict of interest and the

integrity of the employee and PCO is at risk.

4.30 All employees must be careful in their dealings with former employees of PCO and ensure

they do not give them, or appear to give them, favourable treatment or access to privileged

information.

4.31 All employees are encouraged to report to their supervisor any non-routine contact by their

former colleagues or employees where attempted influence or lobbying is involved.

Additional responsibilities for executives on leaving the public sector

4.32 Executives in particular must consider the ethical dimensions associated with transfer to

private sector employment. Employment activities of executives who have left PCO should

not reflect adversely on the effectiveness of public administration or call into question the

impartiality of their activities as public employees.

4.33 When an executive is considering accepting a job offer that bears any close or sensitive

connection with current activities, the executive is expected to declare the conflict to the

Parliamentary Counsel, in good faith.

4.34 Former public service executives who move to private employment should abstain from

working on or contributing to a matter for which they had previous involvement where

there is a conflict of interest.

Signatures and personal references

4.35 Employees should carefully review any document they are asked to sign. Employees should

not sign any document they know is not true and correct.

4.36 Employees must only sign their own name and must never permit or encourage anyone to

sign a name other than their own.

4.37 Employees should only use their own name (eg when sending emails) and should not give

the impression that they have the authority of another person without their permission.

4.38 Supervisors must not coerce employees to sign any document.

4.39 Supervisors are not to provide written personal references for any current or former

employee on PCO letterhead nor use their title and position for this purpose. References

may be provided on a personal basis, but these should be on plain paper and state clearly


that they are provided on a personal rather than an official basis.

4.40

Letterhead may be used for official references for temporary or casual staff and also for

statements of service for permanent staff (limited to giving administrative details of

service). Official references or statements of service are provided by the Director,

Governance and Operations.

4.41 Senior staff and supervisors may act as telephone referees for staff they have supervised for significant periods. However, if a written referee report is requested by the recruiter, the referee should seek advice from the Parliamentary Counsel or the Director, Governance and Operations before sending a written response.

4.42 On leaving PCO, employees may opt to receive a Certificate of Service prepared by

GovConnect.

Drugs, alcohol and tobacco

4.43 While at work, employees must not be under the influence of, or in possession of, drugs

that are illegal to possess or distribute. In the context of this Code, “under the influence” is

defined as an obvious state of disturbance to one’s physical and/or mental faculties that

impairs their performance.

4.44 Being on duty while under the influence of alcohol could create safety and other risks and

would be grounds for disciplinary action.

4.45 Employees must not smoke or permit smoking on PCO premises.

Reporting suspected wrongdoing

4.46 Employees are encouraged to report suspected wrongdoing within PCO. There are five

categories of serious wrongdoing applicable to PCO where the Public Interest Disclosures

Act 1994 provides formal protection for public officials who make disclosures. Those

categories are corrupt or unlawful conduct, maladministration, serious and substantial

waste of public money, government information contravention and local government

pecuniary interest contravention.

Corrupt or unlawful conduct in the course of employment may include:

• theft and misappropriation of PCO material or financial resources,

• offering or accepting bribes, commissions or secret payments,

• accepting a gift or benefit that is intended to, or is likely to cause the employee to act in a partial manner,

• fraudulent or criminal conduct,

• forgery and making false or fraudulent claims,

• misuse or unauthorised disclosure of information, held or maintained by PCO,

• wilful damage to PCO or other resources,

• discriminatory behaviour,

• assault or other forms of unlawful violence against a person. Certain types of corrupt conduct may amount to a breach of NSW or Commonwealth law and may be referred to the police for investigation.

Maladministration involves action or inaction of a serious nature that is:


• contrary to law,

• unreasonably unjust,

• oppressive,

• improperly discriminatory,

• based on improper motives.

Serious and substantial waste is the uneconomical, inefficient or ineffective use of resources that results in a loss or wastage of public funds or resources.

Government information contravention is the failure by an agency to exercise its functions

in accordance with the Government Information (Public Access) Act 2009.

Local government pecuniary interest contravention is a failure to comply with requirements under the Local Government Act 1993 relating to the management of pecuniary interests.

4.47 PCO’s Public Interest Disclosures Policy explains how employees can report these concerns

in such a way as to obtain the protection of the Public Interest Disclosures Act 1994.

5. Use of official resources with economy and efficiency

General principle

5.1 Employees are to be economical and efficient in the use and management of public

resources. Employees must not create a risk or liability for PCO by their use of facilities or

equipment (eg by breaching software copyright).

Private use

5.2 Limited personal use of communication devices provided by PCO (eg computers, mobile phones, telephones, email, internet) by the employee is permitted, provided the use involves minimal cost and does not interfere with the performance of work.

5.3 Other office facilities and equipment may only be used for private purposes when approval

has been given by a supervisor. Self-approval is not permitted.

5.4 Approval should only be granted where private use would not disrupt official business, the

equipment is not at risk of damage, loss or deterioration and the user meets the cost of

consumables.

5.5 Stationery, letterhead and official logos must only be used for official business.

5.6 Employees should not seek to make private use of the services of other employees whilst on duty. Employees who are asked to perform tasks that are not work related in work time should refuse.

5.7 PCO’s facilities and equipment must not be used for private employment or for private

financial gain by employees (except where employees have been contracted to supply

services to PCO, in which case the use of the facilities should be clarified in the contract).

5.8 Where PCO’s software licence permits employees to use software on a home computer, it

must not be used in connection with private employment or commercial use.

5.9 Whilst PCO carries its own insurance, employees who borrow departmental property must


minimise the risk of loss or damage. Items borrowed without approval may not be covered

by insurance.

Communication devices

5.10 All usage of PCO’s electronic communication facilities such as computers or similar devices,

network, internet, intranet and email should be lawful, appropriate and ethical. These

facilities are not to be used in any way that:

• is misleading or deceptive,

• could damage PCO’s reputation,

• could result in victimisation, harassment or vilification,

• is offensive, obscene, threatening or defamatory,

• violates Australian or state regulations or laws (including “computer hacking”),

• is intended to have a destructive effect on storage, processing or communications

network facilities.

5.11 For mobile phones issued by PCO, it is the responsibility of the employee to account for any

personal usage. In certifying accounts and paying for such personal usage, employees

should consult PCO’s Mobile Communication Device Policy on Gulbarra.

Intellectual property

5.12 PCO controls and manages all copyright created by its employees while under the direction

and control of PCO.

5.13 Where PCO has requested certain material to be prepared then copyright in that material

will belong to PCO.

5.14 Where employees develop material in their own time or during working hours for their

employment with PCO, the copyright in that material will belong to PCO.

5.15 Unauthorised use of PCO’s intellectual property is not permitted.

5.16 It is noted that the Crown has copyright in the legislation of New South Wales. To facilitate

public access to legislation, the Crown generally does not enforce copyright for most

published legislative material (in accordance with the Crown copyright notice). Further

copyright information appears on PCO’s corporate website.

Expenditure

5.17 Employees must have the necessary delegation before incurring or authorising any

expenditure on behalf of PCO.

5.18 Contractors cannot be given delegated authority to incur expenses. Only public service

employees can receive delegated authority to approve and authorise expenditure,

purchasing, leasing, leave, recruitment or contracting.

5.19 Employees must follow PCO’s procurement policies and practices in relation to all

expenditure.


6. Ethical decision making guide

ETHICAL DECISION MAKING

When we are faced with an ethical dilemma, each of us should ask ourselves the

following questions:

• Is it legal?

• Is it consistent with the principles and policies of PCO and the NSW public

sector?

• Do I think it’s the right thing to do?

• What will the consequences be for my colleagues, PCO and me?

• What will the consequences be for other parties?

• Can I justify my actions?

• What would be the reaction of my family and friends if they were to find

out?

• What would happen if my conduct became front page news?

If you are unsure of the answer or what to do, speak to your supervisor or a more

senior officer.

Publication History

File Location T:\Policies\Code of Conduct\FINAL_PCO Code of Conduct 14.2.18.docx

Publication

Issued

October 1992 Approved by: Dennis Murphy

Revised February 1993 Approved by: Dennis Murphy

Revised March 1994 Approved by: Dennis Murphy

Revised June 1994 Approved by: Dennis Murphy

Revised August 1994 Approved by: Dennis Murphy

Revised September 1995 Approved by: Dennis Murphy



Revised February 2001 Approved by: Don Colagiuri

Revised July 2002 Approved by: Don Colagiuri

Revised April 2004 Approved by: Don Colagiuri

Revised April 2007 Approved by: Don Colagiuri

Revised July 2015 Approved by: Don Colagiuri

Revised February 2018 Approved by: Don Colagiuri


Appendix A – Reference material

PCO’s Code of Conduct does not stand alone. From 20 April 2015, all NSW Government sector

employees are subject to The Code of Ethics and Conduct for NSW government sector employees

published by the NSW Public Service Commission. The Code is contained in Section 2.2 of Behaving

Ethically: A guide for NSW government sector employees published on the Public Service Commission

website. Also, this Code of Conduct should be read in conjunction with the relevant NSW laws which

employees are obliged to follow.

Relevant Legislation

Relevant legislation (as at the date of publication of this policy) includes:

• Anti-Discrimination Act 1977

• Crimes Act 1900

• Government Information (Public Access) Act 2009

• Government Sector Employment Act 2013

• Health Records and Information Privacy Act 2002

• Independent Commission Against Corruption Act 1988

• Industrial Relations Act 1996

• Ombudsman Act 1974

• Privacy and Personal Information Protection Act 1998

• Public Finance and Audit Act 1983

• Public Interest Disclosures Act 1994

• State Records Act 1998

• Work Health and Safety Act 2011

Relevant PCO Policies

Relevant PCO policies (as at the date of publication of this policy) include:

• Employer Communication Devices Policy and Guidelines1

• Grievance and Dispute Resolution Procedures

• Legislation Information Services

• Mobile Communication Devices Policy

• Policy for Preventing and Dealing with Harassment and Bullying

• Public Interest Disclosure Policy

• Records Management Policy2

1 This policy is due to be reviewed and renamed in 2018. This reference will be updated at the next policy review. 2 This policy is due for review in 2018. This reference will be updated at the next policy review.



NSW Government Memoranda and Circulars

• Managing conflicts of interest guidelines – refer ICAC Guidelines (www.icac.nsw.gov.au) and

NSW Ombudsman Fact Sheet (www.ombo.nsw.gov.au)

• Memorandum 2007–02 Dignity and Respect: Policy and Guidelines on Preventing and

Managing Workplace Bullying

• Memorandum 1996–11 Dealing with Employee Work-Related Concerns and Grievances, and

Harassment Free Workplace

Websites

• www.dpc.nsw.gov.au

• www.audit.nsw.gov.au

• www.icac.nsw.gov.au

• www.corruptionprevention.net

• www.ombo.nsw.gov.au

• www.psc.nsw.gov.au

http://www.icac.nsw.gov.au/

http://www.ombo.nsw.gov.au/

http://www.dpc.nsw.gov.au/

http://www.audit.nsw.gov.au/

http://www.icac.nsw.gov.au/

http://www.corruptionprevention.net/

http://www.ombo.nsw.gov.au/

http://www.psc.nsw.gov.au/


Appendix B – Template for Declaration by Senior Executives

From 20 April 2015, Senior Executives must provide a written declaration of any private, financial,

business, personal or other interests or relationships in accordance with The Code of Ethics and

Conduct for NSW government sector employees.

A template is provided at Section 4.4 of Behaving Ethically: A guide for NSW government sector

employees. The PCO form based on that template is reproduced on the following pages and is

current at the date of issue of this document.




Senior Executive Private Interests Declaration

Part 2 of the Government Sector Employment Act 2013 establishes the Ethical Framework for the government sector (the Framework), which applies to all government employees and provides that employees must place the public interest over their personal interest.

The Code of Ethics and Conduct for NSW government sector employees created under the Framework requires all senior executives to make a written declaration of private financial, business, personal and other interests or relationships that have the potential to influence, or could be perceived to influence, decisions made or advice given by the senior executive. All Executives have the responsibility to ensure that any real or perceived conflicts of interests are avoided or effectively managed.

Every PCO senior executive must provide an annual declaration of "nil/no interests" or "interests" to the Parliamentary Counsel, using this form. There is also a requirement for an additional declaration(s) to be made as soon as practicable following a senior executive’s assignment to a new role or responsibility and/or following any relevant changes in the senior executive’s private interests.

Declaration

I declare that: 1. I have read and understand the requirement under the Code of Ethics and Conduct for the NSW

government sector employees to declare any private financial, business, personal or other interests or relationships that have the potential to influence, or could be perceived to influence, decisions made or advice given by me.

2. I will take prompt action to manage any actual and/or reasonably perceived conflicts of interests, as required by the Code.

3. Please select one of the following options:

□ Option A

Annexure A lists my private interests for the purpose of this declaration and how these are to be managed. This has been discussed and approved by the reportee. In preparing this list, I have had regard to:

• my private financial, business, personal or other interests or relationships

• the functions and responsibilities of the department

• my role and responsibilities in the department

□ Option B

I have no such private interests to declare.

□ Option C

I have no further private interests to declare than those I reported in 20 [insert PREVIOUS YEAR].

Annual Declaration: [insert YEAR] By signing this form, I agree that I have made a full and frank disclosure about my private interests. I also acknowledge that PCO will retain this information in compliance with the Privacy and Personal Information Protection Act 1998.

Name Role

Signature Date


ANNEXURE A

Declaration of private interests—list of interest(s) and management actions

Instructions

Please list any private financial, business, personal or other interests or relationships that have the potential to

influence, or could be perceived to influence, decisions made or advice given by you.

The types of interests and relationships that may need to be disclosed include real estate investments or

holdings; shareholdings; trusts or nominee companies; company directorships or partnerships; other

significant sources of income; significant liabilities; gifts; and private business, employment, voluntary, social,

family or personal relationships.

To comply with the Privacy and Personal Information Act 1998, when providing information about associated

persons, do not identify the person. You need only identify your relationship with that person and the interest.

When declaring an interest please document how conflicts will be managed.

Declaration

I declare the following private interests and initiatives in place to manage any perceived or real conflicts:

Interest(s): Management Action(s):

Executive’s name: Role:

Signature: Date:

Acknowledgement (by Parliamentary Counsel) Name: Don Colagiuri

Agency Head Parliamentary Counsel’s Office

Signature:

Date:

Code of Conduct - pco.nsw.gov.au · T:\Policies\Code of Conduct\FINAL_PCO Code of Conduct 14.2.18.docx 1. General Scope 1.1 This Code of Conduct applies to every individual employed,

Documents

Code of Conduct - pco.nsw.gov.au · T:\Policies\Code of Conduct\FINAL_PCO Code of Conduct 14.2.18.docx 1. General Scope 1.1 This Code of Conduct applies to every individual employed,